Right-wing activist James O’Keefe charged with unlawful voting, identity theft

Conservative influencer James O’Keefe was charged Wednesday in Minnesota after he and fellow right-leaning commentator Cam Higby misrepresented themselves using registered voters’ names at polling places during the state’s primary election in August.

Hennepin County Attorney Mary Moriarty announced during a press conference the two men are facing felony unlawful voting and identity fraud charges.

“Elections are the bedrock of democracy and their protection is one of our highest priorities,” Moriarty said in a statement . “Individuals engaging in unlawful conduct related to our elections will be held accountable.”

On the state’s Aug. 11 primary election day, O’Keefe and Higby donned mock “ Muslim attire ” and spoke in fake accents at Minnesota polling places. The two men filmed their interactions and were attempting to showcase alleged weaknesses associated with a state law that permits Minnesota voters to vouch for people who have recently moved to an area and allow them to cast ballots if they are not yet registered to vote.

The state’s vouching process requires that registered voters sign an oath confirming the address of the prospective voter. O’Keefe and Higby began the process of vouching under fake names but did not ultimately sign this oath or cast a vote, according to the county attorney.

Moriarty noted during the Wednesday press conference the vouching process is used in rare instances, accounting for 0.6 percent of votes cast in the state in the 2024 election.

“It is primarily used — and this is understandable, obviously — by senior citizens who are living in a place they just haven’t updated their license, because maybe they don’t drive anymore, so it’s not used … that much,” she said.

Moriarty pointed to felony penalties associated with improperly signing this oath as a “strong deterrent for people not to misuse the vouching process.”

“There are safeguards here,” she said. “If you sign that oath and you are lying about it or misrepresenting it, it is a felony.”

The county attorney noted the charges were not related to the men’s costumes or the political motivations behind their attempt.

“None of that played a role,” she told reporters. “The fundamental issue here is you cannot go into a polling place and misidentify yourself and use other people’s identity and say that to our election judges as you apply for a ballot, whether or not you intend to vote.”

The charges come less than a week before midterm Election Day — timing Moriarty said was coincidental. The men will be issued a summons to appear in Minnesota court.

The county attorney urged voters to consult the Minnesota secretary of State’s website for guidelines on what actions are permitted in polling places and emphasized her office’s commitment to identifying unlawful conduct in voting.

“To the citizens of Hennepin County, I encourage you to use your voice, make a plan and vote,” she said. “Take part in this election and know that we are prepared to hold anyone accountable who engages in unlawful activity related to our elections.”

The Hill has reached out to O’Keefe and Higby for comment.